무인항공기에 의한 토지소유권 및 사생활 침해 보호규정 개선방안 = Improvement of regulation protecting land ownership and privacy protection from unmanned aircraft

드론으로 인한 토지소유권 및 사생활 침해의 보호 규정을 검토했다.

Recently, drone (drone) industry is emerging as a future growth area. Unmanned aircraft (drone), originally developed and operated for military use, has been widely used in the civil and commercial sectors as a result of the development of various ideas drone. The small drones are becoming a pioneer of the `My drone`, which means `one person-one drone` by accepting personal hobbies while pioneering the field of Helicopter. However, despite the expansion of the market for such unmanned aerial vehicles, there are a variety of problems that can be caused by unmanned aerial vehicles.

Among them, problems in private law that may arise from the activities of UAVs(Unmanned Aerial Vehicles) are the possibility of infringement of ownership and privacy invasion. Due to the attitude of each country keeping up with the rapid development of the drone industry, individual legal interests such as infringement of ownership and invasion of privacy are neglected and institutionalized. This paper introduces the current legal system protecting personal interests and analyze and why the system does not protect ownership and privacy. And proposes legislative or remedial measures for unmanned aircraft regulation.

In order to propose improvement proposals, This paper will focus on methods of “protection” rather than compensation. The infringement of the ownership and privacy of the individual land is so large and irreversible that it cannot be fully recovered by the post-compensation. And compensation for infringement through litigation requires a lot of time and money. Therefore, ex post compensation is excluded from consideration. This paper proposes a way to limit ownership and operation of drones so that damage does not occur at the source. The proposal is as follows.

In order to protect land ownership, i) hovering is prohibited, ii) commercial drones need to be provided with a prior notification and licensing system for the area of operation, based on ownership, not public interest. In order to protect privacy, a new legal system for unmanned aerial vehicles should be established, not revising or supplementing the existing legal system. I) The principle of camera installation without recording function, ii) The prohibition system of dron operation for privacy invasion It should be included in the content.

Of course, these schemes suggest just principle direction for the protection of individual legal interests, but other factors may be involved in introducing the actual system. Because ofIndustrial development and public interest, the private interests of the drones may be limited. However, since the development of the drone industry has a great influence on land ownership and privacy, it will continue to discuss and improve the system for the protection of individual legal interests. The proposal of this paper is meaningful in suggesting the principle direction of protection of individual legal interests in such a discussion.